perverse and misguided sect.”31 Baha’is are prohibited from practicing their faith publicly, and
they are not allowed to operate houses of worship.32 Baha’is have not been allowed to bury their
dead in accordance with their religious laws.33 Given this restriction, Baha’i cemeteries have
been desecrated, and in some cases turned into parks and cultural buildings.
The right to convert from Islam to a religion or belief in the Islamic Republic of Iran, although
not explicitly specified in the law, is in practice criminalised. In a previous draft of the Islamic
Penal Code (2013), Article 225 was aiming at making the death penalty mandatory for convicted
male apostates, or those found to be guilty of the crime of ertedad (apostasy). The draft article
was withdrawn before the adoption of the revised Islamic Penal Code in 2013 and Iranian law
does not expressly criminalise conversion from Islam to another religion.34 However, under
Article 220 of the Islamic Penal Code and Article 167 of the Iranian Constitution, a judge may
refer to Islamic law to rule on crimes not explicitly defined in the law. Apostasy is considered to
be a hadd offence, a crime for which a fixed punishment is derived from the Qur’an or the
Hadith.35 A judge may still invoke Articles 220 of the Penal Code and Article 167 of the
Constitution to convict and sentence individuals accused of apostasy on the aforementioned
basis. Commonly, however, the Iranian judiciary resorts to prosecuting people on national
security charges instead of that of apostasy. Because Christian converts are considered as
apostates by Iranian authorities,36 they are barred from accessing officially recognised Christian
churches. Additionally, churches holding services for Farsi-speaking Christians have been forced
to close by the Iranian government.37 As a result Christian converts resort to gather in informal
meetings, commonly known as “house churches”.38 State authorities regularly conduct raids,
31
Baha’i International Community, https://www.bic.org/sites/default/files/pdf/iran/the_bahais_of_iran__a_persecuted_community.pdf
32
NGO joint submission to the Human Rights Committee, 2019, All Human Rights for All in Iran, Association for Human
Rights in Kurdistan – Geneva (KMMK-G), Association for the Human Rights Of The Azerbaijani People In Iran (AHRAZ), Iran
Human Rights Documentation Center (IHRDC), OutRight International, Siamak Pourzand Foundation, Small Media, and Impact
Iran,
https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=INT%2fCCPR%2fNGO%2fIRN%2f4231
7&Lang=en
33
Report of the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, 18 July 2019
https://documents-dds-ny.un.org/doc/UNDOC/GEN/N19/222/62/PDF/N1922262.pdf?OpenElement
34
Joint submission to the Human Rights Committee from All Human Rights for All in Iran, Association for Human Rights in
Kurdistan – Geneva, Association for the Human Rights of the Azerbaijani People in Iran, Iran Human Rights Documentation
Center, OutRight International, Siamak Pourzand Foundation, Small Media, Impact Iran, 2020,
https://tbinternet.ohchr.org/Treaties/CCPR/Shared%20Documents/IRN/INT_CCPR_NGO_IRN_42317_E.pdf
35
Amnesty International https://www.amnesty.org/download/Documents/MDE1327082016ENGLISH.PDF
36
Report of the Special Rapporteur on the situation of human rights in Iran, 18 July 2019, https://documents-ddsny.un.org/doc/UNDOC/GEN/N19/222/62/PDF/N1922262.pdf?OpenElement
37
Joint submission to the Human Rights Committee from The World Evangelical Alliance, Open Doors, Christian Solidarity
Worldwide, Middle East Concern, Article 18, 29 May 2020 , https://articleeighteen.com/wp-content/uploads/2020/06/F3430b2020-JointReport_Iran_HRCttee_ListOfIssues-dragged-1.pdf
38
Report of the Special Rapporteur on the situation of human rights in Iran, 18 July 2019, https://documents-ddsny.un.org/doc/UNDOC/GEN/N19/222/62/PDF/N1922262.pdf?OpenElement
5